Defective Product Liability in Colorado

| August 25, 2016

Product Recall/Defective Products

Government regulations on manufacturers that produce dangerous products often lack teeth and offer little more than a wrist slap. An experienced product liability lawyer can help individual citizens prosecute reckless or negligent manufacturers of defective or mislabeled products. This type of lawsuit is often the consumer’s most effective weapon against unreasonably dangerous products. If you or a loved one has been injured by the failure of a dangerous or defective product, a product liability lawyer at the Denver, Colorado-based personal injury law firm of Bachus & Schanker, LLC can help.

A product may be considered dangerous or defective for various reasons. The design of the product could be defective, thus making the entire line of products unreasonably dangerous, leading to a possible manufacturer’s recall. Another type of product liability stems from manufacturing defects, which can occur during the production process and affect only a small number of otherwise reasonably safe products. Additionally, a product can be unreasonably dangerous if appropriate warnings are absent. Any consumer product can be considered dangerous or defective, including motor vehicles, baby products, defective medical devices, and pharmaceutical products that are unreasonably dangerous when used appropriately.

Even if the product has not been subjected to a recall, consumers possess the power to file a claim for their injuries and damages. As a result, manufacturers are constantly working to pass laws to limit consumer rights. A knowledgeable product liability lawyer at Bachus & Schanker, LLC in Colorado can advise you of how to proceed in the event of an injury caused by a defective product. For example, we can advise that injured consumers preserve any potentially defective product. This is very important because the consumer may be left with no proof if the item is lost, and the possibility of a successful lawsuit could be diminished.

Defective Medical Devices

There are more than 100,000 medical device products on the market in the United States, including thermometers, implanted heart valves and pacemakers, blood sugar monitors, and dental braces. These products are used by thousands of people to treat illnesses and improve quality of life. Unfortunately, each year many consumers experience devastating injuries as a result of unsafe or defective medical devices. At Bachus & Schanker, LLC in Denver, Colorado, the defective product attorneys handle complex lawsuits for individuals injured by defective medical equipment and devices.

The medical device industry in America is a multi-billion dollar industry. However, because competition is so fierce, the quality of the medical device product often suffers in the rush to put the newest, most improved product on the market. This rush to the market often leads manufacturers to produce faulty products or design products that have significant errors or flaws. Additionally, insufficient warnings may fail to provide potential product users with important information about possible side effects of the product.

The Food and Drug Administration regulates these medical devices and recalls Defective Devices in order to protect the health and safety of the public. At our Colorado law firm, the defect product attorneys can file lawsuits to help injury victims.

Defective Device Lawsuits

The Colorado Defective Device attorneys at Bachus & Schanker, LLC law firm help injury victims and their families when they’ve been injured by Defective Devices.

Specifically, we currently help victims injured by:

Bair Hugger – Have you suffered from an infection within one year after having a total joint replacement? If so, you may have a potential claim against the manufacturer of the Bair Hugger device that may have been used during your surgery. Contact us immediately if you suffered a infection after a total joint replacement.

IVC Filter – Have you had a inferior vena cava filter (IVC) implanted after the year 2002? If so, you may have a potential claim against the manufacturer of your IVC filter. Contact us immediately if you had a IVC filter implanted after 2002.

Hernia Mesh – Have you been injured or undergone a revision surgery to remove a Hernia Mesh? If so, you may have a potential claim against the manufacturers of the hernia mesh. Contact us immediately if you have been injured or undergone a revision surgery for your hernia mesh.

More Defective Device Cases We Handle

Defective and Dangerous Drugs

Many of the commonly prescribed drugs on the market today have serious side effects. If you are currently taking or considering taking any of these drugs, it is important to educate yourself on the potential risks you may be exposing yourself to. The pharmaceutical attorneys at Bachus & Schanker, LLC can help injury victims understand their legal rights. Bachus & Schanker, LLC provides a free consultation to victims of side effects from the following prescription drugs:

Invokana – Have you suffered from diabetic ketoacidosis (DKA), kidney failure, severe urinary tract infections (UTI), or early bone fractures after taking Invokana? If so, you may have a potential claim against the manufacturer. Contact us immediately if you suffered one of the above conditions after using Invokana.

Xerelto – Have you or a loved one been prescribed Xerelto, and as a result suffered internal bleeding, bleeding in the brain, hemorrhagic stroke, or death? If so, you may have a potential claim against the manufacturer of Xerelto. Contact us immediately if you have been injured by using Xerelto.

Nexium – Have you suffered from chronic kidney disease (CKD) or acuter intestinal nephritis (AIN) after using Nexium or Prilosec? If so, you may have a potential claim against the manufacturers of these drugs. Contact us immediately if you have been injured by using Nexium or Prilosec.

More Drug Cases We Handle

Cases involving a product recall, defective product or dangerous drug can be very complicated. A product liability attorney at our Denver, Colorado, based law firm can help. Retaining an aggressive product liability lawyer who is prepared to help you through the process can ensure that your rights are protected. A product liability lawsuit is the best, if not the only, remedy for consumers injured by unreasonably dangerous products. A product liability lawsuit also generates incentive for manufacturers to produce safer products.

Frequently Asked Questions

Who will pay my medical expenses?

In Colorado, the at-fault party is ultimately responsible for paying your medical expenses. In other words, the manufacturer, designer or the retailer of the defective product will be responsible for your medical expenses. However, you only get to make one claim with the at-fault parties and their insurance companies, and therefore you may need help paying medical expenses before you make your claim. Typically, we will look to your health insurance to cover your medical expenses for any injuries you received as a result of a defective product. If there is no health insurance available to help cover your medical expenses, the attorneys at Bachus & Schanker, LLC will work with you to help you get the medical attention you need by working with health care professionals in your area to provide you medical care through an agreed upon “medical lien” against your future settlement.

What Claims Do I Have?

If you have been injured as a result of a defective product, you may have claims for negligence, negligent design, breach of warranty, and strict liability for selling a defective product.

What Can I Recover?

If you have been injured as a result of a defective product you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

Do I have to pay back my health insurance?

If your health insurance has paid for medical treatment that you were forced to obtain as a result of injuries caused by a defective product, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else’s negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party’s insurance carrier or from any settlement you receive from the at-fault party. Before accepting any settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

Additional Resources & Information

The U.S. Consumer Product Safety Commission (CPSC): The CPSC provides information on a wide range of consumer products. The CPSC website includes information about consumer safety tips, product recall information, and product standards information as well as other consumer-related topics.